The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2022

Citation, commencement, effect and interpretation

1.—(1) These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2022 and, subject to paragraphs (2) and (3), come into force on 1 July 2022.

(2) Regulation 2(b) and schedule 2 come into force, and regulation 2(a) and schedule 1 cease to have effect, on 1 April 2023.

(3) Regulation 2(c) and schedule 3 come into force, and regulation 2(b) and schedule 2 cease to have effect, on 1 April 2024.

(4) In these Regulations, “the Act” means the Adults with Incapacity (Scotland) Act 2000.

Fees payable to the Public Guardian

2.  Subject to regulations 3 and 4—

(a) the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in schedule 1 (table of fees payable from 1 July 2022) are the fees prescribed in relation to those matters in column 2 of that Table,

(b) the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in schedule 2 (table of fees payable from 1 April 2023) are the fees prescribed in relation to those matters in column 2 of that Table, and

(c) the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in schedule 3 (table of fees payable from 1 April 2024) are the fees prescribed in relation to those matters in column 2 of that Table.

Exemption of certain persons from fees: legal aid

3.  A fee prescribed by these Regulations is not payable by a person if—

(a) the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986(1) in respect of the matter in the Table of Fees in schedule 1, 2 or 3 in connection with which the fee is payable,

(b) the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application, or

(c) the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in schedule 1, 2 or 3 in connection with which the fee is payable on the basis of any regulations made under section 36(1) of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.

Exemption of certain persons from fees: social security

4.—(1) A fee prescribed by these Regulations is not payable by a person if—

(a) the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 1992(2),

(b) the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 1995(3),

(c) the person or the person’s partner (“the party”) is in receipt of guarantee credit under the State Pension Credit Act 2002(4),

(d) the person or the person’s partner is in receipt of working tax credit, provided that—

(i) child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 2002(5)) which includes the party, or

(ii) there is a disability element or severe disability element (or both) to the tax credit received by the party,

and that the gross annual income taken into account for the calculation of the working tax credit is £20,592 or less,

(e) the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007(6),

(f) the person is in receipt of universal credit under Part 1 of the 2012 Act,

(g) the person is in receipt of either—

(i) personal independence payment under Part 4 of the 2012 Act, or

(ii) adult disability payment within the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022(7),

provided that the person’s gross annual income is £20,592 or less, or

(h) the person or the person’s partner has, within the period of 3 months prior to the date the prescribed fee would be payable but for this exemption, received financial or other assistance under the Welfare Funds (Scotland) Act 2015(8).

(2) In this regulation—

“partner” means a person to whom a person is married or with whom the person is in a civil partnership,

“the 2012 Act” means the Welfare Reform Act 2012(9).

Revocation

5.  The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2018(10) are revoked.

ASH REGAN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th May 2022